My parents did file maitanance case only on me, in RDO(Revenue Divisional Officer) office .
But my parents have 2 children's, me and my sister(both are married).
What will happen if I rejected, RDO ask me to pay amount. Or up to what extended I can bargain maintenance amount? Can I show my personal loan for that?
If I involve my sister for maintenance, she will get any additional right to get my parents assets?
How my parents or RDO know my earnings? Do I need to tell or are they have any way to get that details?
For giving maintenance also can I ask my father to link my parents assets ?
As per your query, I woul like to tell you that there are certain procedures that are followed up in any maintenance case (filed by wife or parents) under section 125 of Code of Criminal Procedure (CrPC), 1973.
I've laid down all these procedures for your reference do have a look at them:-
⭕ An application for maintenance may be filed against any person, liable to pay the same, in any district where the parents resides or where the child resides.
⭕ Maintenance cases under Section 125 can only be heard by a Judicial Magistrate of First Class.
⭕ After producing and securtinising the evidence, the judicial magistrate of First Class may pass an order for maintenance.
⭕ Maintenance is either payable from the date of order of payment or from the date of the application made for maintenance, depending on court’s judgement.
⭕ Once a maintenance order is passed, a copy of the same must be supplied to the claimant free of cost.
⭕ The person who is ordered to pay maintenance must obey the court order. However, failure to do so without sufficient reason, the court can issue a warrant against such person for collecting the amount due or can attach any immovable property or salary of such person.
The clause (6) mentioned above, cleary states that the amount payable as maintenance can be collected from the salary of the person who is ordered to pay the maintenance. Henceforth, your salary slip/statement will be considered in the matter making it mandatory to state or pronounce your correct earnings.
Now, the answer to the loan part of your query is "Yes, Personal Loan can be considered while calculating the Maintenance". Thus, it's a good news for you.
Regarding your sisters involvement in maintaining your parents, I would like to inform you that the law states that whether a daughter is married or not she is liable to maintain her parents. However, before passing an order to the married daughter, her husband's income is reviewed, as a married woman can only be order to pay maintenance to her parents if her husband is financially stable and independent.
Lastly, there's no special perk or benefit provided to daughters for maintaining their parents as it's a basic and foremost duty of every child towards their parents, so there's nothing special if a woman maintains her parents.
Hope It Helps!
Regards
Kevin M. Paul
